Legal Opinion

Davis v. Halpern

Court of Appeals for the Second Circuit

Decided March 9, 1987No. 452, Docket 86-7621PublishedCited by 15 opinions

1Opinion of the Court

DAVIS, Circuit Judge:

The sole issue before us is whether the District Court correctly held that appellant Davis’ federal action was barred, under the principles of former adjudication, by a previous suit he had brought in a New York state court. We hold that the federal action was not so barred.

I

Background

David Davis, a white male in his '40s, desires to attend law school. He applied to enter the 1983-84 class of the City University of New York Law School at Queens College, was placed on the waiting list, but was not admitted. He applied again for the next year (1984-85) but was rejected. He…

2Cases cited5 opinions

  1. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  2. Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
  3. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  4. Ronald Davidson v. Clement B. Capuano, David R. Harris and Joseph P. KeenanCourt of Appeals for the Second Circuit · 1986
  5. Julio F. Giano v. Walter J. Flood, Warden, Nccc and Saul Jackson, Commissioner, Nccc, DefendantsCourt of Appeals for the Second Circuit · 1986

3Cited by15 opinions

  1. Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
  2. Interoceanica Corporation and Turbana Corporation v. Sound Pilots, Inc.Court of Appeals for the Second Circuit · 1997
  3. Davis v. HalpernCourt of Appeals for the Second Circuit · 1987
  4. Thaler v. CasellaDistrict Court, S.D. New York · 1997
  5. Umhey v. County of Orange, NYDistrict Court, S.D. New York · 1997

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